Supreme Court Responds to CBI's Request for Yasin Malik's Trial Relocation from Jammu to Delhi

New Delhi, Nov 28 (NationPress) The Supreme Court on Thursday acknowledged a plea by the Central Bureau of Investigation (CBI), which is seeking to move the trial of Yasin Malik, the leader of the banned Jammu and Kashmir Liberation Front (JKLF), regarding the 1990 killing of Indian Air Force (IAF) officers from a Jammu court to Delhi.

A bench comprising Justices Abhay S. Oka and A.G. Masih has agreed to review the CBI's request and has instructed Yasin Malik and his co-accused to submit their responses by December 18.

The Kashmiri separatist is on trial for his alleged involvement in the killing of IAF personnel in Srinagar in 1990. Before the apex court, the central investigative agency challenged an order from the Jammu Trial Court mandating the physical presence of Yasin Malik.

The CBI has argued that transporting Yasin Malik to Jammu poses security risks, both for the accused and for the witnesses involved in the 1990 incident that resulted in the deaths of four IAF officers.

The agency is requesting instructions to conduct the trial proceedings within the premises of Tihar Jail, where Yasin Malik is currently detained.

Solicitor General Tushar Mehta, representing the CBI, remarked that Yasin Malik was attempting to manipulate the situation by indicating his intention to appear in person for witness cross-examinations without legal representation.

“He is not an ordinary criminal; he is not just another terrorist. He has traveled to Pakistan numerous times to meet Hafiz Saeed (the founder of the terrorist organization Lashkar-e-Taiba (LeT)). The government cannot treat this case as routine. The witnesses require protection; one witness was murdered,” stated SG Mehta.

Recently, the highest court noted that every accused is entitled to a fair trial, emphasizing that even a terrorist like Ajmal Kasab received a fair trial. The SC informed the CBI that it would consider the views of all accused before rendering a decision.

The court also suggested that the Union government investigate the possibility of conducting the trial within the prison and mentioned that Malik may be allowed to appear before the apex court via virtual means.

In May 2022, the NIA court sentenced Malik to life imprisonment after he admitted guilt on charges of waging war against the state, conspiracy, and terror funding. The NIA subsequently appealed to the Delhi High Court seeking the death penalty for Malik in this case.

Yasin Malik is identified as the primary accused in the murder of four IAF personnel in the Rawalpora area of Srinagar on January 25, 1990.